Organisation |

TERMS OF BUSINESS

1. INTRODUCTION

   1.1 This document contains the terms of business (“the Terms”) between yourself (“you”) and Grandstand Management CC (Registration Number 2007/163927/23), a closed corporation with limited liability, duly incorporated in accordance with the laws of the Republic of South Africa (“Grandstand”), with its registered address at 155 Loop Street, Cape Town, 8000, South Africa.

   1.2 Grandstand will accept service of any legal notices and documents at its registered address set forth in paragraph 1.1 above, with telephone number +27.21 426 4373.

   1.3 The Cape-Epic web site, http://cape-epic.com (email: info@cape-epic.com) (“the Site”) is owned, hosted and managed by Grandstand in the Republic of South Africa.  Access to and the use of this Site is subject to these Terms

   1.4 Purchases made from the Site are subject to these Terms, to the exclusion of all other terms.

   1.5 REGISTRATION WITH AND/OR USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS. PLEASE TAKE SPECIAL NOTE OF THE TERMS STATED UNDER THE HEADING: “DISCLAIMERS AND EXCLUSIONS OF LIABILITY” SET OUT BELOW AS THE TERMS LIMIT GRANDSTAND’S LIABILITY FOR ANY LOSS OR DAMAGE YOU MAY SUFFER.

   1.6 To make purchases on the Site you must be the holder of a valid credit card, signature based debit card, or other form of electronic payment accepted by the Site (“Payment Card”).

2. ONLINE REGISTRATION

   KEEP YOUR PASSWORD PRIVATE AND CONFIDENTIAL TO PREVENT UNAUTHORISED USE. GRANDSTAND WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO KEEP YOUR PASSWORD CONFIDENTIAL OR FOR ANY UNAUTHORISED USE PRIOR TO YOU NOTIFYING GRANDSTAND IN WRITING THAT YOUR PASSWORD HAS BECOME KNOWN TO ANOTHER PERSON.

3. PRIVACY POLICY

   3.1 Any information provided by you to Grandstand shall be stored on a secure server.

   3.2 You agree that Grandstand may use your information to contact you about promotions and special offers. However, you are entitled, at any stage, to opt out of this service.

   3.3 Grandstand shall not sell or rent any of your personal information (including but not limited to your name, address, email address, telephone or fax number) to third parties. Grandstand does, however, reserve the right to disclose aggregated information regarding its members and usage of the Site (such as member demographics and sales patterns) to, amongst others, advertisers and suppliers.

   3.4 Grandstand may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as otherwise required by law.

4. SECURITY POLICY

   Grandstand uses Virtual Card Services technology to protect your personal information or credit card details as the data travels over the Internet. However, there is no 100% secure transmission of data on the Internet given the current state of Internet technology. Therefore Grandstand cannot guarantee the absolute security of any information you transmit to Grandstand or which Grandstand transmits to you.  Grandstand accepts no liability of whatsoever nature for any loss, damage or expense resulting directly or indirectly from the access to the Site or any files or links which are available on the Site and/or the use thereof by you. All risks arising from the use of the Site or any related websites, files or links shall vest with you, and Grandstand will not be responsible for any loss or damage that could result from interception by third parties of any information made available by you via the Site.

5. PRICING POLICY

   5.1 Prices advertised on the Site are subject to change from time to time.

   5.2 Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.

   5.3 Should items be subject to value-added tax or additional delivery charges, such value-added tax or delivery charges will be shown as separate line items on your invoice.

6. PAYMENT

   6.1 Grandstand is authorised to debit the total amount payable for the products ordered against the authorised Payment Card supplied by you when completing the order.

   6.2 You must supply your Payment Card number and details with each purchase, as these details are not stored for security reasons. Grandstand's secure server encrypts your Payment Card details so as to minimise the risk of unauthorised disclosure or interception.

   6.3 By submitting your order and Payment Card details you warrant that you are authorised to make payment with the card and that there are sufficient funds available to pay for the order.

7. STOCK AVAILABILITY

   Availability of stock cannot be guaranteed.

8. CONFIRMATION OF ORDERS

   Orders placed on the Site constitute your offer to purchase subject to these Terms. Your offer will be deemed to have been accepted upon placement of the order, unless you are otherwise notified in writing by Grandstand. Failure to formally confirm or notify acceptance shall not affect the validity of the contract or the enforceability thereof by Grandstand.

9. DELIVERY POLICY

   9.1 All products will be delivered to you via courier, unless you opt to collect the products on race day.
   
   9.2 If any products have not been accepted or collected by the intended receiver (or its nominee) within one calendar month after Grandstand has tendered collection thereof, Grandstand shall notify, via email non-delivery notice to Customer, you of such non-collection at your last known address.  For the purposes hereof, notification to the intended receiver of the fact that the products are available for collection, or that Grandstand is willing to deliver the products, shall be deemed to be a good and sufficient tender for collection.
   
   9.3 After the expiration of (10) ten days from the posting of such written notice to such last known address and unless you have provided Grandstand with specific instructions to redeliver the products to the intended receiver (at your expense), Grandstand is hereby entitled and authorized irrevocably and at its sole discretion, to sell or dispose of the products and retain from the proceeds the charges, expenses and costs incurred in the carriage thereof.  The surplus balance of such proceeds shall be repaid to you, without interest, within 60 (sixty) days after such sale whereupon Grandstand shall be released of any and all liability whatsoever in respect of the products carried or warehoused, as the case may be.
   
   
10. RETURNS AND CANCELLATION POLICY
    
    10.1 Returns of products are accepted within 20 (twenty) days of the date of purchase, subject to a 25% (twenty five percent) restocking fee. All returned products must be sent back to Grandstand in its original packaging; in the same condition it was received.
    
    10.2 Provided that damage was not due to your own cause, defective or damaged products will be exchanged with the same products.  Delivery and handling costs are not refundable. All products will be inspected to determine whether the item appears defective. 
    
    10.3 Damaged or defective products will only be accepted when accompanied by an authorization previously issued by Grandstand.  To obtain a return or exchange authorization, please contact Grandstand at +27.21 426 4373.  The return authorization must be affixed to the package containing the returned products. Returns without a return authorization will not be accepted.
    
    10.4 To cancel an online order placed with Grandstand, you must contact Grandstand within 24 hours. Every effort will be made to accommodate the cancellation of your order, as long as the products have not yet been sent for delivery.  When contacting customer service to cancel an order, please be ready to provide your name, the order number, and your contact information.
    
    10.5 In case your products have not yet been sent for delivery, you will receive a full refund. Please note that, if the products have been sent for delivery, the order cannot be cancelled. In this case you can request to return the item for a refund, as contemplated in paragraph 10.1 above (i.e. subject to the 25% (twenty five percent) restocking fee).
    
    
11. RISK AND OWNERSHIP
    
    11.1 Risk in the products shall pass to you upon delivery at the delivery address or to your agent appointed to accept delivery on your behalf.
    
    11.2 Until payment is received in full for any products sold, ownership in the products shall remain with Grandstand and such products shall be returned and/or surrendered to Grandstand following receipt of a written default notice from Grandstand.
    
    
12. INTELLECTUAL PROPERTY
    
    12.1 Grandstand retains all intellectual property rights in all material, including logos and other graphics which form part of the Site, save in respect of those trademarks, trade names and logos owned by suppliers and/or partners of Grandstand whose products and/or services are sold and/or advertised via the Site.
    
    12.2 All data and information communicated to or from the Site and/or any site information and database(s), remain and shall be the sole property of Grandstand.
    
    12.3 Grandstand grants you permission to view, electronically copy and print in hard copy portions of the Site only for information purposes and/or for the purpose of placing an order with Grandstand, for your personal use only.  No part of the Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Grandstand’s prior written permission. No license, express or implied, is hereby granted regarding any of the copyright, trade marks or other intellectual property rights.
    
    12.4 Any other use of materials on the Site, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent of Grandstand and/or the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of Grandstand and/or such trademark and/or copyright owner.
    
    
13. ADVERTISING AND LINKS
    
    13.1 External hyperlinks, advertising and other promotional material may appear or be provided on the Site. You shall not interpret such hyperlinking, advertising or promotional material as constituting any relationship between Grandstand and any linked third party or any endorsement by Grandstand of such third party. Use of or reliance on any external links provided is at your own risk.
    
    
14. DISCLAIMERS AND EXCLUSIONS OF LIABILITY
    
    SOME IMPORTANT TERMS TO TAKE NOTE OF BEFORE USING THE SITE:
    
    14.1 You expressly agree that use of the Site and the Internet is entirely at your own risk. The Site and its contents are provided on an “as is” and “as available” basis and Grandstand makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the Site, its contents, the accuracy or completeness thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times.
    
    14.2 To the full extent permitted by law, Grandstand disclaims all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, products, including information sourced from third parties and displayed by Grandstand which may be accessed on the Site.
    
    14.3 Grandstand does not warrant or guarantee the accuracy, timeliness, completeness or validity of any information or data made available to you for any particular purpose, nor that the functions provided by the Site will be uninterrupted or error free, or that the Site or the server that makes it available are free from viruses or other harmful components. Grandstand may suspend access to the Site without notice at any time and accepts no liability for any consequences of the Site being unavailable for any reason.
    
    14.4 Save as expressly set out herein, neither Grandstand nor any of its directors, members, employees, agents, sub-contractors, service providers or representatives shall be liable to you, including without limitation, as a result of or in connection with Grandstand's negligent (including grossly negligent) acts or omissions or those of its directors, members employees, agents, sub-contractors, service providers or representatives or other persons for whom in law it may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by you, the recipient of the products, or any other person arising from or as a result of any sale concluded via the Site in accordance with these Terms, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the products or the use or reliance upon the Site (including any information contained thereon) or the Internet.
    
    14.5 You will indemnify Grandstand and keep it fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the Site and/or in accordance with these Terms and/or in relation to receipt of products supplied by Grandstand pursuant to any such order.
    
    14.6 Notwithstanding any other provisions contained herein, Grandstand’s liability whether in contract or delict arising from any breach of any obligation of these Terms, negligence or otherwise shall not exceed at any time more than the monetary value of the order in respect of which any such dispute or claim arises.
    
    
15. GENERAL TERMS
    
    15.1 The content contained on the Site may be used by you for your own personal, non-commercial shopping and information purposes only.
    
    15.2 In using the Site you agree not to knowingly infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Site and you shall indemnify Grandstand for any damage caused by any such act attributable to you.
    
    15.3 Grandstand may suspend the Site or any part thereof or terminate your account at any time if Grandstand should determine that the Site is not being used by you in compliance with these Terms.
    
    15.4 These Terms constitute the whole agreement between the parties relating to the subject matter hereof.
    
    15.5 If any provision of these Terms is rendered void, illegal or unenforceable in any respect under any law, such provision shall be severable from these Terms, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and the parties shall endeavour in good faith to agree an alternative provision to the void, illegal or unenforceable provision.
    
    15.6 Any indulgence of extension of time granted by Grandstand to you shall not be construed as a waiver or variation of any of our rights or remedies.
    
    15.7 At the option of Grandstand, any dispute arising out of these Terms may be brought in any Magistrates’ Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.
    
    15.8 These Terms are governed by the laws of the Republic of South Africa.